Talaaq and pregnancy

Fatwa ID: 02319

Answered by Maulana Maruf Ahmed

Question:

Assalamualaikum warahmatullahi wabarkatahu


I wish to seek your valuable opinion on the  consequence of Talaaq Ahsaan given by my son Mohammad Azam  to his wife Humaira, who delivered a baby before  giving Talaaq hasan and Talaaq-ul-bid’at.


1 The Nikaah between my son , Mohammad Azam and Humaira was an arranged one,  duly solemnized on 15 /11/2016 in accordance with the Islamic rites and ceremonies  in the presence of relatives and friends. At the time of marriage Meher amount was fixed at Rs. 25,000/- and paid to Humaira on 16/12/2016.

2 On 23/12/2016, without any sufficient and just cause, without the consent of my son, Humaira  left the Matrimonial House and started staying with her parents

3 As we did not receive any communication from Humaira or from her parents for nearly three months,  on 17/03/2017, I addressed  an Informal Letter, without making any allegation,  to  her father  to know his intention and the stand they wish to take.

4 On 23/03/2017 I received a letter from their advocate, making false and baseless allegations against me and my son, clearly establishing  that they were not interested to continue the alliance.

5 In  spite of their negative approach,  I sincerely  made all possible  efforts for reconciliation of the marriage  through  my brothers and  her uncle  and relatives, to which there was no positive response from their end.

6 When all the efforts put up by relatives and friends to resolve the dispute was failed and without any hope of any outcome,  on 17th June 2017, my son  gave Talaaq Ahsaan  to his wife  Humaira   in the presence of two witnesses and Imam.  The Talaaq Ahsaan sent through courier was duly received by Humaira.

7 On receipt of the Talaaq Ahsaan, instead of reconciliation, through another advocate, repeated the false and baseless allegations against me and my son. However I still approached my brothers and  her uncle and common friends for reconciliation but I did not receive any positive response.

8 Ever since my son  gave Talaaq Ahsaan  to his wife  Humaira, he abstained and had no physical contact of whatsoever nature with his wife Humaira.

9 Before giving Talaaq hasan and Talaaq-ul-bid’at, I came to know that Humaira  delivered a  baby  in the last week.

10 Being scholars & well versed in Islamic Law and highly respectable Imams, kindly  enlighten us the consequences of issuance of Talaaq Ahsaan  on the delivery of his wife Humaira before giving Talaaq hasan Talaaq-ul-bid’at,  Is it according to Holy  Quran and Hadees, the Talaaq becomes absolute and iddah period deemed to have been completed?

 

Answer:

Bismillah

The first Talaq issued was effective and thus her iddah began immediately. As she was pregnant, the length of her iddah is until the time of delivery.

And only Allah knows best.

Written by Maulana Maruf Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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